As a reminder, the Pregnant Workers Fairness Act (PWFA), a new federal law, goes into effect on June 27, 2023. The PWFA applies to employees and applicants of employers with at least 15 employees. The Equal Employment Opportunity Commission (EEOC) is charged with enforcing this law, and regulatory guidance is pending.
The PWFA requires employers to provide reasonable accommodations to employees and applicants affected by pregnancy, childbirth, or related conditions. Some examples include the following:
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Closer parking
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Additional break time to use the restroom, eat, and rest
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Modifications of food and drinking policies
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Appropriately sized uniforms or safety equipment
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Time off or flexible scheduling for prenatal or postnatal appointments
The PWFA also has several prohibitions, including the following:
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Requiring an employee to take leave if another accommodation would work
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Retaliation for requesting accommodations or reporting unlawful discrimination
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Denying employment opportunities based on the need for accommodations
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Requiring employees to accept an accommodation without engaging in the Americans with Disabilities Act (ADA) interactive process
The following resources provide more information about protections for workers affected by pregnancy, childbirth, and related conditions:
#PregnancyDiscrimination
#AmericanswithDisabilitiesAct